Specific Issue Order

What is a Specific Issue Order?

A Specific Issue Order (SIO) is a court order made under Section 8 of the Children Act 1989. It is used to resolve a specific disagreement between parents (or those with parental responsibility) about a child's upbringing.

While a Child Arrangements Order deals with where a child lives and who they spend time with, and a Prohibited Steps Order prevents a specific action, a Specific Issue Order asks the court to decide a particular question that the parents cannot agree on.

The court makes its decision based on the welfare principle - what is in the best interests of the child.

Common Examples of Specific Issue Orders

Education and Schooling

The most common type of Specific Issue Order. Examples include:

• Which school a child should attend (state vs private, or which specific school)
• Whether a child should be home-educated
• Whether a child should change schools after a parent relocates
• Disputes about special educational needs provision

Medical Treatment

When parents disagree about medical decisions:

• Whether a child should receive a specific vaccination
• Consent to surgery or medical procedures
• Mental health treatment or therapy for a child
• Alternative medicine vs conventional treatment
• Blood transfusions (where one parent objects on religious grounds)

Religious Upbringing

• Which religion (if any) a child should be raised in
• Whether a child should undergo religious ceremonies (baptism, circumcision)
• Attendance at religious services or religious schooling

Travel and Holidays

• Whether a child can travel abroad on holiday with one parent
• Specific destinations where there are safety concerns
• Duration of trips abroad

Other Disputes

• Whether a child should have social media accounts
• Extracurricular activities (if parents disagree)
• Publishing photographs of the child
• A child's diet or lifestyle choices

How to Apply for a Specific Issue Order

What Does the Court Consider?

When deciding a Specific Issue Order, the court applies the welfare checklist (Section 1(3) of the Children Act 1989):

• The ascertainable wishes and feelings of the child (in light of their age and understanding)
• The child's physical, emotional and educational needs
• The likely effect of any change in circumstances
• The child's age, sex, background and relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• How capable each parent is of meeting the child's needs
• The range of powers available to the court

How Much Weight Does a Child's View Get?

The older and more mature the child, the more weight their wishes carry. A teenager's views on which school they attend will carry significant weight. A young child's preferences may be given less weight, especially if influenced by a parent.

How Much Does a Specific Issue Order Cost?

| Item | Cost | |------|------| | Court fee (C100) | £263 | | With fee remission | Free | | MIAM (before applying) | £90-£150 | | Solicitor (optional) | £500-£2,000+ | | Expert report (if ordered) | £1,000-£5,000 |

Fee remission is available if you receive certain benefits or have a low income.

How Long Does a Specific Issue Order Take?

| Type of Issue | Typical Timeline | |--------------|-----------------| | Simple dispute (both parents at hearing) | 4-8 weeks | | Needs Cafcass report | 3-4 months | | Requires expert evidence | 4-6 months | | Emergency (medical) | Same day - 72 hours |

Simple issues where both parents attend the first hearing and the judge has enough information to decide can be resolved in a single hearing. Complex issues like schooling disputes often require a welfare report from Cafcass.

Emergency Specific Issue Orders

In urgent situations, you can apply for an emergency hearing. Common urgent scenarios:

• A child needs emergency medical treatment that one parent opposes
• A school place must be accepted by a deadline and parents disagree
• A child is about to undergo a religious procedure one parent opposes

For emergencies:

• Contact your local family court directly
• You can apply without notice (the other parent isn't told in advance)
• The court can hear your application the same day
• You do not need a MIAM for genuine emergencies
• A temporary order is made, with a full hearing listed within 14 days

Specific Issue Order vs Prohibited Steps Order

| | Specific Issue Order | Prohibited Steps Order | |---|---------------------|----------------------| | Purpose | Court decides a disputed question | Court prevents a specific action | | Example | "Which school should the child attend?" | "Parent must not remove child from current school" | | Nature | Resolves a disagreement | Prevents an action | | When to use | When you need a decision made | When you need to stop something happening |

Sometimes both orders are appropriate. For example, if one parent is threatening to move a child to a new school, you might apply for a Prohibited Steps Order to prevent the move AND a Specific Issue Order for the court to decide which school is best.

Do I Need a Solicitor?

You can apply for a Specific Issue Order without a solicitor. However, consider legal advice if:

• The issue is complex (medical, religious)
• Expert evidence is likely to be needed
• The other parent has a solicitor
• There are related domestic abuse concerns

For straightforward school disputes where both parents are reasonable, many people successfully represent themselves.

Frequently Asked Questions

Can a child choose which school they go to?

The court will consider a child's wishes, but the final decision rests with the judge. A teenager's views carry more weight than a younger child's. The court looks at the child's overall welfare, not just their preference.

What if we disagree about vaccinations?

Vaccination disputes are becoming more common. The court will consider medical evidence and generally follows mainstream medical advice. In most reported cases, courts have ordered vaccination to proceed where it is recommended by NHS guidelines.

Can a Specific Issue Order cover multiple issues?

Yes, you can apply for a Specific Issue Order covering multiple disputed questions in the same application. Each issue should be clearly described on the C100 form.

What happens if the other parent ignores a Specific Issue Order?

Breaching a court order is contempt of court. The parent can be fined or imprisoned. You can apply to the court for enforcement. For example, if a court ordered a child to attend School A and a parent enrols them at School B, the court can enforce compliance.

Can I get a Specific Issue Order for a child's surname?

Changing a child's surname is typically dealt with as a Prohibited Steps Order (preventing the change) rather than a Specific Issue Order. However, if both parents want to change the name but disagree on what to change it to, a Specific Issue Order could apply.

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Official Resources

Legislation & Court Guidance

• Children Act 1989 Section 8 - Legal definition of orders
• Practice Direction 12B - Child arrangements procedure
• Family Procedure Rules - Court procedures
• C100 Form - Application form

Government Guidance

• Gov.uk Child Arrangements - Official guidance
• Court Fees - Current fee: £263
• Legal Aid Eligibility - Free legal help

Mediation & Support

• Family Mediation Council - Find accredited mediators
• National Family Mediation - Mediation services
• Cafcass - Court advisory service
• Resolution - Family law professionals
• Citizens Advice - Free guidance